Lightweight Thermal Paper From Germany; Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73615-73616 [2012-29891]

Download as PDF 73615 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices Done in Washington, DC, this 6th day of December 2012. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. Methodology [FR Doc. 2012–29884 Filed 12–10–12; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany; Preliminary Results of Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from Germany for the period November 1, 2010, through October 31, 2011. We have preliminarily determined that Papierfabrik August Koehler AG (Koehler) made sales of subject merchandise at less than normal value, based on adverse facts available (AFA). DATES: Effective Date: December 11, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3692 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with Scope of the Order The merchandise covered by the order is lightweight thermal paper. The merchandise subject to the order is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030, 4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035, 4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in the Orders, remains dispositive.1 1 See Antidumping Duty Orders: Lightweight Thermal Paper from Germany and the People’s VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 In making these findings, we have relied on total facts available and because Koehler did not act to the best of its ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available. See sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). Pursuant to section 776(b) of the Act, we are relying on information from the petition in order to ensure that the AFA rate is sufficiently adverse so as to induce cooperation.2 Accordingly, we have preliminarily determined to apply a 75.36 percent rate as AFA for Koehler. For a full description of the methodology underlying our conclusions, see the Memorandum to Paul Piquado, Assistant Secretary for Import Administration from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, titled ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Lightweight Thermal Paper from Germany,’’ (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of the Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for the period November 1, 2010, through October 31, 2011: Republic of China, 73 FR 70959 (November 24, 2008) (Orders). 2 See Memorandum to File through Eric B. Greynolds, Program Manager, AD/CVD Operations 3, from the Team, titled ‘‘Lightweight Thermal Paper from Germany: Notice of Preliminary Results of Antidumping Administrative Review: Application of Total Adverse Facts Available Rate,’’ (AFA Memo) dated concurrently with this notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Manufacturer/exporter Weighted-average dumping margin (percent) Papierfabrik August Koehler AG ........... 75.36 Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.4 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS within 30 days after the date of publication of this notice.5 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised by the parties in any written briefs, not later 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For Koehler, we will assign an importer-specific ad valorem duty assessment rate to the total entered value of those same sales in accordance with section 776(b) of the Act.6 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate in the final results of this review is above de minimis (i.e., 0.50 percent). Where either the respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific 3 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 5 See 19 CFR 351.310(c). 6 See 19 CFR 351.308. 4 See E:\FR\FM\11DEN1.SGM 11DEN1 73616 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices requirements, when imposed, shall remain in effect until further notice. assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 This clarification will apply to entries of subject merchandise during the period of review produced by each respondent for which they did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company or companies involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Assessment of Antidumping Duties Appendix I We intend to issue instructions to CBP 15 days after publication of the final results of this review. List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Discussion of the Methodology 4. Corroboration of Secondary Information tkelley on DSK3SPTVN1PROD with Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Koehler listed in the ‘‘Preliminary Result of the Review’’ section, will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.50 percent, the all-others rate established in the investigation.8 These cash deposit 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Orders. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. [FR Doc. 2012–29891 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–849] Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Final Results of Antidumping Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2012, the Department of Commerce (the ‘‘Department’’) published the preliminary results of the administrative review (‘‘AR’’) of certain cut-to-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) covering the period of review (‘‘POR’’) November 1, 2010 through October 31, 2011.1 After analyzing the comments AGENCY: 1 See Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Preliminary Results of Antidumping Administrative Review and Preliminary Determination of No Shipments, 77 FR 47593 (August 9, 2012) (‘‘Preliminary Results’’). The companies included in the review are as follows: Bao/Baoshan International Trade Corp./Bao Steel Metals Trading Corp. (‘‘Baosteel’’), Hunan Valin Xiangtan Iron & Steel Co., Ltd. (‘‘Hunan Valin’’), PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 submitted by Nucor Corporation (‘‘Petitioner’’) with respect to the AR, the Department continues to find that Baosteel and Hunan Valin did not have shipments during the POR and that shipments by Anshan and Liaoning should be liquidated at the PRC-wide rate of 128.59 percent. DATES: Effective Date: December 11, 2012. FOR FURTHER INFORMATION CONTACT: Patrick O’Connor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0989. SUPPLEMENTARY INFORMATION: Background On August 9, 2012, the Department published its Preliminary Results of the AR of the antidumping order on CTL plate from the PRC covering the period November 1, 2010, through October 31, 2011. On September 10, 2012, Nucor Corporation (‘‘Petitioners’’) commented on the Department’s Preliminary Results. No other parties commented on the Preliminary Results. Analysis of the Comments Received All issues raised in Petitioner’s case brief in this AR are addressed in the memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Administrative Review and Final Determination of No Shipments— Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China’’ (‘‘I&D Memorandum’’), which is dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues addressed in the I&D Memorandum is appended to this notice. The I&D Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS). Access to IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit of the main Commerce Building, Room 7046. In addition, a complete version of the I&D Memorandum is accessible on the Anshan Iron & Steel Group (‘‘Anshan’’), and China Metallurgical Import and Export Liaoning Company (‘‘Liaoning’’). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73615-73616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29891]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany; Preliminary Results of 
Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on lightweight 
thermal paper (LWTP) from Germany for the period November 1, 2010, 
through October 31, 2011. We have preliminarily determined that 
Papierfabrik August Koehler AG (Koehler) made sales of subject 
merchandise at less than normal value, based on adverse facts available 
(AFA).

DATES: Effective Date: December 11, 2012.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order is lightweight thermal paper. 
The merchandise subject to the order is currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030, 
4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035, 
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description, available in the Orders, 
remains dispositive.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Lightweight Thermal Paper from 
Germany and the People's Republic of China, 73 FR 70959 (November 
24, 2008) (Orders).
---------------------------------------------------------------------------

Methodology

    In making these findings, we have relied on total facts available 
and because Koehler did not act to the best of its ability to respond 
to the Department's requests for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available. See 
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act).
    Pursuant to section 776(b) of the Act, we are relying on 
information from the petition in order to ensure that the AFA rate is 
sufficiently adverse so as to induce cooperation.\2\ Accordingly, we 
have preliminarily determined to apply a 75.36 percent rate as AFA for 
Koehler. For a full description of the methodology underlying our 
conclusions, see the Memorandum to Paul Piquado, Assistant Secretary 
for Import Administration from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, titled 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Lightweight Thermal Paper from Germany,'' 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (CRU), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum to File through Eric B. Greynolds, Program 
Manager, AD/CVD Operations 3, from the Team, titled ``Lightweight 
Thermal Paper from Germany: Notice of Preliminary Results of 
Antidumping Administrative Review: Application of Total Adverse 
Facts Available Rate,'' (AFA Memo) dated concurrently with this 
notice.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period 
November 1, 2010, through October 31, 2011:

------------------------------------------------------------------------
                                                      Weighted-average
              Manufacturer/exporter                    dumping margin
                                                         (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG...................                 75.36
------------------------------------------------------------------------

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\3\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\4\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS within 30 days after the date of 
publication of this notice.\5\ Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. Issues raised in the 
hearing will be limited to those raised in the respective case briefs. 
The Department will issue the final results of this administrative 
review, including the results of its analysis of the issues raised by 
the parties in any written briefs, not later 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For Koehler, 
we will assign an importer-specific ad valorem duty assessment rate to 
the total entered value of those same sales in accordance with section 
776(b) of the Act.\6\ We will instruct CBP to assess antidumping duties 
on all appropriate entries covered by this review when the importer-
specific assessment rate in the final results of this review is above 
de minimis (i.e., 0.50 percent). Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific

[[Page 73616]]

assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.308.
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to entries of subject 
merchandise during the period of review produced by each respondent for 
which they did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company or companies involved in the transaction. For a 
full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings:
---------------------------------------------------------------------------

    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Assessment of Antidumping Duties

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for Koehler listed in the 
``Preliminary Result of the Review'' section, will be the rate 
established in the final results of this administrative review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation, 
but the manufacturer is, the cash deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 6.50 percent, the all-others rate 
established in the investigation.\8\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Orders.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Discussion of the Methodology
4. Corroboration of Secondary Information

[FR Doc. 2012-29891 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P